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(영문) 수원지방법원 평택지원 2018.07.19 2017고단2484
횡령등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 29, 2016, the Defendant concluded a lease agreement with Korea Co., Ltd., which provides for the term of 60 months, monthly rent of KRW 2,251,683 (the total estimated amount to be paid: KRW 128,509,850) with respect to the vehicle owned by the injured party from Korea Co., Ltd. for social service of halog halogen, and kept and operated the vehicle on delivery on the same day.

While the Defendant kept the said car on behalf of the victim company on December 2, 2016, the Defendant provided D with the said car at will as a collateral for KRW 85 million due to its debt owed to D around the end of the end of the period, and embezzled it.

The Defendant is an operator of “E” for the purpose of selling electronic equipment, and the victim F is an operator of “H” in Yeongdeungpo-gu Seoul Metropolitan Government Sales Business Center.

From around 2014, the Defendant supplied home appliances to the victim of the damage upon receiving a request from the victim for the supply of home appliances, such as cooling, TV, etc. Around July 2017, upon receiving a request from the victim of the damage for the supply of home appliances, such as cooling, TV, etc., the Defendant would provide the home appliances if he would pay the money.

A false statement was made.

However, in fact, the Defendant had difficulties in operating the company normally due to the burden of loans worth approximately KRW 450 million from May to June, 2017. Since the Defendant had no choice but to use the ordered electronic equipment for the purchase of the ordered electronic equipment, there was no intent and ability to supply the ordered electronic equipment even if he received money from the injured party.

Ultimately, on July 1, 2017, the Defendant, as such, by deceiving the victim, received KRW 5,825,00 from E companies bank accounts (I) for the supply of electronic equipment, and received KRW 61,750,000 from that time to that time by delivering KRW 61,750,000 in total, from that time, as shown in the list of crimes in the attached Table, from that time.

Summary of Evidence

"2017 Highest 2484" 1.

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